Patel v National Westminster Bank Plc [2015] EWCA Civ 332 (01 April 2015)

Patel v National Westminster Bank Plc [2015] EWCA Civ 332 (01 April 2015)

The proposed amendments to the particulars of claim were unsustainable as there was no real prospect of success based on the available evidence; even if arguable, the court would not exercise discretion to allow late amendments due to delay and weakness of the new case.

Citation
[2015] EWCA Civ 332
Parties
Claimant/appellant: Jignesh Patel; Defendant/respondent: National Westminster Bank PLC
Jurisdiction
England and Wales
Judgment Date
01 April 2015
Procedural Posture
Appeal / Appeal From Refusal to Amend Particulars of Claim; Appeal Hearing and Judgment
Outcome
Appeal dismissed
Legal Topics
Amendment of Pleadings, Summary Judgment, Breach of Duty, Lost Cheque, Damages
Banking Law Civil Procedure Amendment of Pleadings Summary Judgment Breach of Duty Lost Cheque Damages

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Parties

Jignesh Patel

Claimant/appellant

National Westminster Bank PLC

Defendant/respondent

Procedural Posture

Appeal / Appeal From Refusal to Amend Particulars of Claim; Appeal Hearing and Judgment

Legal Issues

  1. 1 Whether permission should be granted to amend particulars of claim to plead that the cheque would have been honoured
  2. 2 Whether the proposed amendments had a real prospect of success
  3. 3 Whether the court should exercise discretion to allow late amendments

Ratio Decidendi

The proposed amendments to the particulars of claim were unsustainable as there was no real prospect of success based on the available evidence; even if arguable, the court would not exercise discretion to allow late amendments due to delay and weakness of the new case.

Court Disposition

Appeal dismissed

Orders

  • Permission to amend particulars of claim refused
  • Judgment for NatWest